Following the testator’s death, the estate (property and cars) was divided between the two children and the ex-wife. She quickly secured half of the inheritance through the courts without the involvement of the other heirs.
Inheritance disputes
Notarial services (legal support during the execution of notarial inheritance procedures)
Our cases
Inheritance case
Enquiry:
What we do:
- They appealed and succeeded in having the unlawful court ruling overturned.
- A new trial was prepared and conducted with full regard for the rights of children.
- The ex-wife was disinherited.
- We arranged for the division of assets among the children out of court.
Result:
The estate has been divided fairly among the testator’s children; the former wife’s rights have been excluded.
Inheritance case
Enquiry:
The client is the mother of a girl whose father she had been in a civil partnership with before they separated; he was not listed as the child’s father on her birth certificate. The child’s father died shortly after the relationship with the client ended. Following this, his father (the girl’s grandfather) died and left behind a flat. The client’s child could have become the sole heir to the deceased grandfather and inherited the flat, had paternity with the deceased father been officially established.
What we do:
- No state forensic institution had the equipment to carry out a paternity test to establish the girl’s relationship to her deceased father—and, consequently, her grandfather—without the physical presence of the child’s deceased father for the collection of samples. A private expert institution was found, and arrangements were made with the court for it to carry out the test using samples taken from the mother of the child’s deceased father (the girl’s grandmother).
Result:
Paternity was established by a court order, and the child inherited the flat from his grandfather.
Inheritance case
Enquiry:
The client missed the six-month deadline for accepting the inheritance following his mother’s death and was consequently denied the inheritance. There were no valid reasons for missing the deadline for accepting the inheritance within the meaning of current legislation and judicial practice. The opposing party in court was the local authority, which was seeking to claim the unclaimed inheritance (for which no heirs had come forward within the time limit set by law).
What we do:
- Since extending the inheritance deadline was a very risky strategy, they decided to prove in court that he had been living with his mother at the time of her death for a certain period, which was also extremely difficult,
- The client’s brother and sister, who lived abroad and had also declined to accept their late mother’s inheritance, were brought into the case; as parties to the proceedings, they admitted the claim,
- Neighbours from the flat where the client lived with his late mother—which was extremely difficult given the war situation—were contacted; they confirmed that they had lived together for a certain period,
- All available documentary evidence was gathered to prove that the client was living with his mother at the time of her death.
Result:
The court established that they were living together, and the client inherited the flat from his late mother.
Case concerning the termination of a life maintenance agreement
Enquiry:
The client is an elderly woman who, due to serious illnesses and poor health, is unable to manage her daily needs on her own, so she entered into a life-long care agreement with a neighbouring family whom she had known for a long time and who promised to look after her well, help her with everything, and do whatever she needed in exchange for the house after her death. The client entered into a notarised agreement with her neighbours. After that, the ‘carers’ disappeared, and then the hostilities began.
What we do:
- A lawsuit was filed in court to terminate the life maintenance agreement; the defendants categorically denied the claims and hired several lawyers,
- Witnesses were interviewed, including those who actually help the elderly woman and take her to hospital.
Result:
The court case was won, the contract was terminated, and the grandmother signed a new contract.
Case concerning the termination of an inheritance agreement
Enquiry:
The client is an elderly man with very poor eyesight who requires constant assistance. A neighbour, who moved into the block of flats during the war, persuaded him to sign an inheritance agreement under the guise of a power of attorney.
What we do:
- A lawsuit was filed to terminate the inheritance agreement; the defendant contested the claim, submitted voluminous written statements, and claimed that she had provided services before temporarily relocating to another city due to the hostilities.
- Witnesses were summoned and questioned, and written evidence was gathered and added to the case file.
Result:
The court upheld the claim, and the inheritance agreement was terminated.